Queensland Subordinate Legislation as Made

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FISHERIES (GENERAL) REGULATION 2019 

- Made under the Fisheries Act 1994
- As at 30 August 2019
- Reg 179 of 2019

TABLE OF PROVISIONS

CHAPTER 1 - PRELIMINARY

   PART 1 - INTRODUCTION

   1.      Short title
   2.      Commencement
   3.      Application of regulations and declarations

   PART 2 - INTERPRETATION

           Division 1 - Definitions

   4.      Dictionary
   5.      Meaning of commercial fisher
   6.      Meaning of recreational fisher and recreational fishing
   7.      Meaning of commercial fishing apparatus and recreational fishing apparatus
   8.      Meaning of stowed and secured—Act, s 77A

           Division 2 - Key concepts

   9.      References to regulated waters
   10.     References to commercial fishery
   11.     References to licence, permit or quota authority by name
   12.     References to licences by fishery symbols
   13.     References to primary boat and tender boat and related references

           Division 3 - Other general interpretative provisions

   14.     References to periods of days or months
   15.     References to times
   16.     References relating to fish
   17.     References relating to waters or areas
   18.     References relating to boats
   19.     References relating to fishing apparatus

   PART 3 - PRESCRIBED ACTS FOR WHICH AUTHORITY REQUIRED

   20.     Prescribed acts—Act, s 82

   PART 4 - DEFENCE FOR ABORIGINES AND TORRES STRAIT ISLANDERS

   21.     Prescribed fishing apparatus—Act, s 14
   22.     Prescribed waters—Act, s 14

CHAPTER 2 - AUTHORITIES

   PART 1 - GENERAL MATTERS

           Division 1 - Authorities that may be issued

   23.     Purpose of division
   24.     Types of licences
   25.     Types of permits
   26.     Types of quota authorities

           Division 2 - General restrictions on issue of authorities

   27.     Use of bottom set line in Gulf of Carpentaria waters must not be authorised
   28.     Only particular authorities may authorise particular activities

           Division 3 - Authorisation under authorities generally

   29.     Activities authorised under authority
   30.     When a person is carrying out activity under an authority

   PART 2 - LICENCES

           Division 1 - Commercial fisher licence

   31.     Restriction on issue of licence
   32.     Authorisation and conditions
   33.     Licence not transferable

           Division 2 - Commercial fishing boat licence

   34.     Restrictions on issue of licence identifying primary boat
   35.     Deciding number of tender boats for licence
   36.     Authorisation and conditions

           Division 3 - Commercial harvest fishery licence

   37.     Authorisation and conditions
   38.     Licence for eel fishery not transferable

           Division 4 - Carrier boat licence

   39.     Restriction on issue of licence for regulated coral reef fin fish
   40.     Restriction on issue of licence for commercial spanner crab fishery (managed area A)
   41.     Restriction on issue of licence for commercial spanner crab fishery (managed area B)
   42.     Authorisation
   43.     Condition about regulated coral reef fin fish

           Division 5 - Charter fishing licence

   44.     Authorisation
   45.     Condition about taking maray or Australian sardines

   PART 3 - PERMITS

           Division 1 - Restrictions on issue of particular permits

   46.     Possessing or using purse seine net must not be authorised
   47.     Restriction on authorising taking or possessing of maray or Australian sardines
   48.     Restriction on authorising taking or possessing of freshwater fish
   49.     Restriction on authorising use of set mesh nets in Gulf of Carpentaria waters under developmental fishing permit
   50.     Maximum term of general fisheries permit
   51.     Restriction on authorising taking of fish in particular regulated waters under general fisheries permit
   52.     Restriction on authorising use of particular nets in particular regulated waters under general fisheries permit

           Division 2 - Authorisations under particular permits

   53.     Developmental fishing permit
   54.     Indigenous fishing permit
   55.     Stocked impoundment permit
   56.     Filleting permit

           Division 3 - Conditions applying to particular permits

   57.     General fisheries permit for release of non-indigenous fisheries resources into non-tidal waters

   PART 4 - QUOTA AUTHORITIES

   58.     Restriction on issue of quota authorities
   59.     Authorisation under and conditions of quota authority

   PART 5 - RESOURCE ALLOCATION AUTHORITIES

   60.     Meaning of prescribed development purpose for declared fish habitat area
   61.     Restriction on issue of particular resource allocation authorities
   62.     Authorisation under resource allocation authority

   PART 6 - CRITERIA FOR SUSPENDING OR CANCELLING PARTICULAR AUTHORITIES

   63.     Application of part
   64.     Counting convictions
   65.     Criteria for suspending particular licences
   66.     Criteria for suspending effort units
   67.     Criteria for suspending or cancelling SM units
   68.     Criteria for suspending line units
   69.     Criteria for cancelling line units
   70.     Criteria for suspending T4-ITQ units
   71.     Criteria for cancelling T4-ITQ units

   PART 7 - OTHER PROVISIONS ABOUT AUTHORITIES

           Division 1 - Miscellaneous offences

   72.     Obstructing persons fishing under an authority

           Division 2 - Register of authorities

   73.     Particulars to be contained in register—Act, s 73
   74.     Holder to notify chief executive of particular changes—Act, s 73

           Division 3 - Other matters

   75.     Authorities that continue after holder’s death—Act, s 70C
   76.     Activities for which inspectors may have an authority

CHAPTER 3 - DECLARED FISH HABITAT AREAS

   PART 1 - DECLARATION OF FISH HABITAT AREAS

   77.     Fish habitat area plans
   78.     Areas declared to be fish habitat areas
   79.     Particular cables and air space excluded from declared fish habitat area

   PART 2 - PROHIBITED ACTIVITIES

   80.     Person not to take bait using digging implement
   81.     Person not to remove weeds etc.

CHAPTER 4 - MATTERS PRESCRIBED FOR PARTICULAR OFFENCES UNDER THE ACT

   PART 1 - VESSEL TRACKING

           Division 1 - Preliminary

   82.     Definitions for part

           Division 2 - General matters

   83.     Authorities and boats in relation to which requirements apply
   84.     Way equipment must be installed
   85.     Periods during which equipment must be working properly

           Division 3 - Requirements if equipment malfunctions

              Subdivision 1 - Preliminary

   86.     Purpose and application of division
   87.     Definition for division
   88.     When person in control of a boat is aware of malfunction
   89.     Notices given by chief executive or inspector under division

              Subdivision 2 - Alternative way of communication

   90.     Notice of alternative way
   91.     Changing alternative way

              Subdivision 3 - Manual reporting and landing requirements

   92.     Application of subdivision
   93.     Manual reporting requirement
   94.     Requirement to take relevant boat to landing place—boat used under particular authority in particular area
   95.     Requirement to take relevant boat to landing place—other circumstances
   96.     Further requirement if relevant boat taken to landing place

   PART 2 - OTHER MATTERS

   97.     Commercial quantity of priority fish
   98.     Circumstances in which non-indigenous fisheries resources may be released—Act, s 90

CHAPTER 5 - INFORMATION REQUIREMENTS

   PART 1 - PRELIMINARY

   99.     Purpose of chapter
   100.    Definitions for chapter

   PART 2 - PERSON OTHER THAN AUTHORITY HOLDER IN CONTROL OF A BOAT

   101.    Application of part
   102.    Authority holder to provide approved form
   103.    Person in control to keep approved form
   104.    Person in control to return approved form

   PART 3 - PERSON OTHER THAN AUTHORITY HOLDER FISHING UNDER AUTHORITY

   105.    Application of part
   106.    Holder to provide approved form
   107.    Relevant person to keep approved form
   108.    Relevant person to return approved form

   PART 4 - WHOLESALE SALE OF FISHERIES RESOURCES

           Division 1 - Preliminary

   109.    Application of part
   110.    Meaning of relevant quantity particulars

           Division 2 - Requirements

   111.    Docket for sale to be given
   112.    Seller to keep docket
   113.    Seller to give copy of docket with consignment
   114.    Buyer to keep docket

   PART 5 - PROCESSING ABALONE

   115.    Application of part
   116.    Definition for part
   117.    Processor to keep record of processing

   PART 6 - PARTICULAR ACTS INVOLVING SPANISH MACKEREL OR REGULATED CORAL REEF FIN FISH

   118.    Application of part
   119.    Buyer to keep record of fish bought outside the State
   120.    Person who takes fish outside particular fishery areas to keep record of taking
   121.    Person transporting fish to keep record of consignment
   122.    Person storing fish to keep record of storage

   PART 7 - AIVR SYSTEM

   123.    Person using AIVR system to keep record of transaction number

CHAPTER 6 - OTHER MATTERS RELATING TO FISHERIES MANAGEMENT

   PART 1 - AUTOMATED INTERACTIVE VOICE RESPONSE SYSTEM

   124.    Chief executive must establish and operate AIVR system
   125.    Requirements for AIVR system
   126.    Record kept by AIVR system is evidence of particular information
   127.    Transaction number given by AIVR system is evidence of transaction
   128.    Procedure if AIVR system not working properly

   PART 2 - COMPLIANCE, ENFORCEMENT AND ADMINISTRATION OF ACT

   129.    Fisheries offences that are serious fisheries offences—Act, sch 1, definition serious fisheries offence
   130.    Prescribed matters for evidentiary certificates—Act, s 184
   131.    Matters about seizure of fisheries resources—Act, s 154
   132.    Persons who may be appointed as inspectors
   133.    Prescribed entities for delegation of functions or powers—Act, s 222

   PART 3 - ACCEPTED DEVELOPMENT REQUIREMENTS

   134.    Purpose of part
   135.    Accepted development requirements
   136.    Documents stating accepted development requirements available for inspection

   PART 4 - FEES

           Division 1 - Fees for resource allocation authority and fish movement exemption notice

   137.    Assessment fees

           Division 2 - Other fees

   138.    Definition for division
   139.    Fees generally
   140.    General matters about fees for a licence, fishery symbol or quota authority
   141.    Additional provision about annual fees for a licence, fishery symbol or quota authority
   142.    Further provision about licence, fishery symbol or quota authority held for part of a financial year

           Division 3 - Waiver or refund of fees

   143.    Chief executive may waive or refund a fee

CHAPTER 7 - TRANSITIONAL PROVISIONS

   144.    Existing commercial fisher licences
   145.    Existing commercial fishing boat licences
   146.    Existing general purpose permits
   147.    Existing notices relating to vessel tracking
   148.    Annual fees for 2019-20 financial year
   149.    References to 2008 regulation

CHAPTER 8 - AMENDMENT OF OTHER LEGISLATION

   PART 1 - AMENDMENT OF STATE PENALTIES ENFORCEMENT REGULATION 2014

   150.    Regulation amended
   151.    Amendment of sch 1 (Infringement notice offences and fines for nominated laws)

   PART 2 - AMENDMENT OF OTHER LEGISLATION

   152.    Legislation amended
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6
           SCHEDULE 7
           SCHEDULE 8
           SCHEDULE 9
           SCHEDULE 10
           SCHEDULE 11
           SCHEDULE 12

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